WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the Hire Me A Nanny website and marketplace available at https://hiremeananny.com.au/ or any other associated URL (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, SUZY OUPALA ABN 29 149 735 470 operating under the business name Hire Me A Nanny (Hire Me A Nanny, we or us).
The remainder of this agreement is divided into three parts:
- Part 1 (All Users), which sets out terms that apply to all Users;
- Part 2 (Nannies), which sets out additional terms that apply to Nannies, being nannies, babysitters au pairs and any other child care professionals; and
- Part 3 (Parents), which sets out additional terms that apply to Parents, being parents, legal guardians, families and caregivers.
If you intend to use the Platform as a Nanny, only Parts 1 and 2 of these terms will apply to you.
If you intend to use the Platform as a Parent, only Parts 1 and 3 of these terms will apply to you.
When we talk about the "Services" in this agreement, we are referring to the listing and connection services for Nannies and Parents available through our website and any associated services we offer.
Part 1: All Users
- This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
- over the age of 18 years and accessing the Platform for personal use; or
- accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
- Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
- As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Hire Me A Nanny from time to time.
- You warrant that any information you give to Hire Me A Nanny in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- Initial correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
- If you are a Nanny, we will review your request for an Account before approving the request. We may request additional information, including details of your drivers' licence and conduct a background check. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with in Account, we may refuse to provide you with an Account, in our sole discretion.
- Once you complete the Account registration process, Hire Me A Nanny may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- Hire Me A Nanny reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- Hire Me A Nanny may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
- PROFILES AND SERVICE LISTINGS
- After you create an Account, you may create a profile or a listing to set out as much information as possible for the services you are offering as Nanny, or the services you require as a Parent (Service Listing).
You acknowledge and agree that:
- you must use your best endeavours to provide as much information as possible in any Service Listing;
- Hire Me A Nanny may choose not to accept any Service Listing you submit to the Platform, and Hire Me A Nanny may limit the number of Service Listings you can submit on the Platform;
- you must deal with any disputes with another User in accordance with clause 13 of Part 1;
- any additional terms and conditions relating to a Service Listing (including prices and payment for services) are solely between Users and do not involve Hire Me A Nanny in any way, except that they must not be inconsistent with your obligations under this agreement; and
- Hire Me A Nanny will have no responsibility for the accuracy, reliability or timeliness of the content provided by a User responding to a Service Listing.
As a Nanny:
- you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Parent, including by not cancelling any part of such a Service Listing.
- BINDING CONTRACT
You acknowledge and agree that:
- if you respond to a Service Listing, that will constitute your offer and intention to enter into a contract with that User (the Nanny or the Parent as applicable). A contract is formed in this respect when you respond to an email or message on the Platform confirming that you accept either the Nanny’s or the Parent's offer; and
- any terms and conditions relating to services or a quote provided via the Platform are solely between Users and do not involve Hire Me A Nanny in any way, except that they must not be inconsistent with your obligations under this agreement.
- (Free Version) We may offer a no cost plan or period which will allow you to access some features of our Services for free for a certain amount of time (Free Version).
- Generally, viewing the Platform is free.
- In order for you to access additional features including viewing and posting Service Listings (Paid Version), we may require the payment of fees (Fees). These Fees may be paid via the Platform or otherwise depending on our current prices and billing process.
- (Memberships and Subscriptions) We generally offer a subscription or membership. For Nannies, this is generally on an annual basis. Parents may choose from options available on the Platform.
- (Failure to pay) If Fees for an Account are not paid when they are due, we may revoke your Company Account and require payment for you to continue accessing those Services.
- Hire Me A Nanny reserves the right to change or waive Fees at any time by updating this agreement.
- (Payment obligations) Unless otherwise agreed in writing with us, you must pay for all Services prior to receiving any Services.
- (Card surcharges) Hire Me A Nanny reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- You agree to release Hire Me A Nanny and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment.
(Verification) We may require Nannies to provide information that allows us to verify their identity and qualifications (including providing details of certificates, diplomas, driver licence, working with children checks, national police checks, first aid and CPR checks and another other required licences, clearances and registrations) (Verification).
- (Warranty and Indemnity) You acknowledge and agree that:
- Verification is an internal process and we do not share any documents or information provided as part of the Verification process;
- we are reliant on the information provided by the Nanny to verify the Nanny’s qualifications and identity and to the extent permitted by law, we disclaim all warranties that Verification will be accurate or guarantee that Verification will ensure you contract with a suitable User;
- you should make your own inquiries as to other Users’ identities, qualifications, licences and clearances before engaging in contracts with those Users; and
- we do not endorse any User or Service Listing or Verification.
- USER OBLIGATIONS
As a User, you agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Hire Me A Nanny of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
- to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Services, including:
- you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Hire Me A Nanny;
- not to act in any way that may harm the reputation of Hire Me A Nanny or associated or interested parties or do anything at all contrary to the interests of Hire Me A Nanny or the Platform;
- you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Hire Me A Nanny;
- that Hire Me A Nanny may change any features of the Platform or Services offered through the Platform at any time without notice to you;
- that information given to you through the Platform, by Hire Me A Nanny or another User including a Nanny, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that Hire Me A Nanny may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
- POSTED MATERIALS
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
- You grant to Hire Me A Nanny a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Hire Me A Nanny to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Hire Me A Nanny from any and all claims that you could assert against Hire Me A Nanny by virtue of any such moral rights.
- You indemnify Hire Me A Nanny against all damages, losses, costs and expenses incurred by Hire Me A Nanny arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
- Hire Me A Nanny acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Hire Me A Nanny may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
- REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
- Refunds and cancellations for Service Listings are a matter between Users. Hire Me A Nanny accepts no responsibility or liability for Users cancelling any services.
- Users must ensure that any cancellation policy and refund policy in relation to Service Listings is in compliance with all applicable laws.
Hire Me A Nanny will have no liability or obligation to you if:
- a Parent or Nanny cancels at any time after the time for performance of the Service Listing is agreed; or
- for whatever reason, including technical faults, the Services cannot be performed or completed,
and you will not be entitled to any compensation from Hire Me A Nanny.
- SERVICE LIMITATIONS
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Hire Me A Nanny cannot and does not represent, warrant or guarantee that:
- the Platform will be free from errors or defects;
- the Platform will be accessible at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
- INTELLECTUAL PROPERTY
- Hire Me A Nanny retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (ServiceContent) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of browsing the Platform, listing a service or using the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Hire Me A Nanny or as permitted by law.
- In this clause 12, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
- THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Hire Me A Nanny accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
- THIRD PARTY TERMS
- Any service that requires Hire Me A Nanny to acquire goods and services supplied by a third party on behalf of the Parent (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
- Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Hire Me A Nanny to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
- DISPUTES BETWEEN USERS
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Hire Me A Nanny via [email protected] We will assess the complaint and attempt to quickly and satisfactorily resolve it.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- Hire Me A Nanny has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
- Hire Me A Nanny reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
- If you have a dispute with Hire Me A Nanny, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
- Notwithstanding any other provision of this clause 15, you or Hire Me A Nanny may at any time cancel your Account or discontinue your use of the Platform.
Hire Me A Nanny does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
- (Introduction service) Hire Me A Nanny is a medium that facilitates the introduction of Parents and Nannies for the purposes of childcare. Hire Me A Nanny simply charges Fees in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Parents and Nannies in relation to such services or otherwise resulting from the introduction.
- (NOT an employment agency) Hire Me a Nanny is not an employment or recruitment agency. As above, Hire Me A Nanny is simply a platform that facilitates the introduction of Parents and Nannies. Hire Me A Nanny is not a party to any contract between Parents and Nannies and will not be liable for any issues or services or otherwise, than simply the introduction.
- (Limitation of liability) To the maximum extent permitted by applicable law, Hire Me A Nanny excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Nanny. This includes the transmission of any computer virus.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
- (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
- (Indemnity) You agree to indemnify Hire Me A Nanny and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
- breach of any term of this agreement;
- use of the Platform; or
- your provision or receipt of Services from another User.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Hire Me A Nanny be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Nanny (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You agree that:
- no information owned by Hire Me A Nanny, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on this Platform and of the Nanny are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
- COLLECTION NOTICE AND PRIVACY
- Hire Me A Nanny reserves the right to terminate a User's access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
- In the event that a User's membership is terminated:
- the User's access to all posting tools on the Platform will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
- the User may be unable to view the details of all other Nannies (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
- Users may terminate their membership on Hire Me A Nanny at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, Hire Me A Nanny will effect such termination within a reasonable time after receiving written notice from the User.
- Notwithstanding termination or expiry of your membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Hire Me A Nanny will not be held accountable in relation to any transactions between Parents and Nannies where tax related misconduct has occurred.
- RECORD / AUDIT
To the extent permitted by law, Hire Me A Nanny reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Hire Me A Nanny.
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement (to: [email protected]) or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
- 24 hours after the email was sent; or
- when replied to by the other party,
whichever is earlier.
- GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word "includes" and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Part 2: NANNIES
- ELIGIBILITY AND VERIFICATION
- You must at all times maintain a valid working with children check in the jurisdiction you will offer your services in and any other licences, clearances and qualifications required including those required for Verification. Hire Me A Nanny is under no obligation to confirm the status of your eligibility to work with people under 18 years old or any other employment qualification, licence or clearance required. You indemnify Hire Me A Nanny against any claim that may arise in connection with your eligibility to work with people under 18 years old and any other claim in relation to your providing services listed on our Platform.
- you consent to us receiving and using this information to enable us to carry out Verification and approve your Account;
- we may contact you to request additional information; and
- if you do not provide all the information we require we may suspend or cancel your Account.
- You agree that while you are a Nanny on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Parent whom you came to know about, or with whom you provided services to directly or indirectly, by using the Platform. This provision will apply whether or not the Parent or their representative is still active on the Platform.
- Hire Me A Nanny may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 2.
By listing yourself as a Nanny on the Platform and posting a Service Listing, you represent and warrant that:
- you are able to fulfil the requirements of the services specified in the Service Listing;
- you have any required working with children checks, qualifications, licences to carry out the services;
- you will provide the relevant services to Parents:
- using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
- any individuals involved in performing the relevant services have not been previously convicted of an indictable offence, and any companies involved in performing the relevant services have no current legal, criminal, civil or administrative proceedings against Hire Me A Nanny.
- ELIGIBILITY AND VERIFICATION
- You must verify that any Nanny is over 18 years old or has their parent's or guardian's consent to use the Platform. If a Nanny is not over the age of 18, you must verify that the Nanny meets any required minimum age for work.
- You must verify that any Nanny has the necessary qualifications, licences, background checks, references, visas, work permits and any other certifications you require to engage the Nanny. We will do our best to check Nannies through our Verification process but we do not guarantee the accuracy or verify all information provided by Nannies. It is your responsibility to conduct your own checks and references as required and to confirm that the Nanny can legally work in Australia.
- Hire Me A Nanny will have no liability or obligation to you if a Nanny cancels a job any time after you have accepted it and you will not be entitled to any compensation from Hire Me A Nanny, including any portion of the Fees.
- If you wish to cancel a service before the Nanny has fulfilled the requirements specified in the Service Listing, you must contact the Nanny. If Hire Me A Nanny decides to investigate your cancellation, you must provide assistance and information to Hire Me A Nanny as reasonably requested.
- If you cancel a service, whether any monies paid to the Nanny is refundable to you in respect of that service will depend on the cancellation policy and refund policy of the Nanny.
- INDEPENDENCE OF NANNIES
You acknowledge and agree that:
- the Platform provides links and introductions to Nannies that are independent and are not under the control of Hire Me A Nanny;
- the provision by Hire Me A Nanny of introductions to Nannies does not imply any endorsement or recommendation by Hire Me A Nanny of any Nanny;
- Hire Me A Nanny does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Nanny who uses or is listed on the Platform; and
- any terms and conditions relating to a service, Service Listing or quote provided via the Platform constitute a contract between you and the Nanny and do not involve Hire Me A Nanny in any way.